Generally speaking federal law prohibits employment discrimination based on race, color, religion, sex, national origin, disability, family medical leave, military enrollment, and age (40 and over). Discrimination occurs when your employer subjects you to less favorable terms, conditions, and privileges of employment because of your race, color, religion, sex, national origin, disability, family medical leave, military enrollment, and age. Unlawful discrimination extends beyond terminations and discharges from employment, and may include the failure to hire, failure to promote, demotion, and certain suspensions. Fox & Sink, LLC, employment attorneys located in Indianapolis, Indiana, can help determine whether you have a viable claim of unlawful employment discrimination including determining whether your employer is covered under each Federal Statute.
Employment Litigation and Arbitration
Knowledge of your rights is only the first step. You need an attorney who knows how to properly assert your rights. Fox & Sink, LLC has extensive experience litigating claims with the Equal Employment Opportunity Commission (“EEOC”), with the federal EEO process, in federal court, in state administrative hearings, and in state court. Sometimes, employers may have arbitration clauses which requires litigation of employment claims through arbitration as opposed to traditional court proceedings. Fox & Sink, LLC is prepared to litigate your claims in any forum, including through arbitration proceedings.
If you have been recently fired, you may have a claim of wrongful termination under Indiana state common law. Indiana’s Supreme Court has recognized two (2) general wrongful termination claims in Frampton v. Cent. Indiana Gas Co., 297 N.E.2d 425 (Ind. 1973), and in McClanahan v. Remington Freight Lines, Inc., 517 N.E.2d 390 (Ind. 1988). Depending on the circumstances, you may also have certain contractual or quasi-contractual employment rights. To learn more about the scope and applicability of these potential legal claims against your employer, contact Fox & Sink, LLC.
Fair Labor Standards Act and Overtime Compensation
Federal law protects your right to minimum wages, your right to overtime, and your right to be free from retaliation for complaining about not receiving overtime earned wages. Fox & Sink, LLC can advise whether you are lawfully due certain wages, and whether you may serve as a class representative for a collective action under the Fair Labor Standards Act.
While federal law guarantees minimum wages and overtime, Indiana’s Wage Claims Act, Wage Payment Statute, and Prevailing Wage Act guarantee that you receive your lawfully earned wages. This may include vacation time and earned commissions, in addition to normal earned wages. By providing treble damages and attorneys’ fees and costs, wage claims in Indiana provide ample relief to injured parties. If you suspect that your employer has failed to pay you earned wages, do not sit on your rights. Contact us immediately for a free phone consultation to discuss your wage claims.
You have the right to be free from harassment at work because of your race. To constitute racial harassment, the hostile work environment must be unwelcome, based on your race, severe or pervasive, and your employer must be vicariously liable for the harassing conduct. If you are experiencing racial harassment at work, do not hesitate to contact us.
Have you been subjected to unwelcome sexual contact or unwelcome comments of a sexual nature? You have the right to be free from harassment at work because of your sex. To constitute sexual harassment, the hostile work environment must be unwelcome, based on your sex, severe or pervasive, and your employer must be vicariously liable for the harassing conduct. The prohibition against sexual harassment protects both men and women, and protects victims of same-sex harassment. If you are experiencing sexual harassment at work, do not hesitate to contact us.
If you work for a governmental employer, such as the federal government, the State of Indiana, county government, or political subdivisions (towns and cities), then you have certain constitutional rights not enjoyed by private sector employees. For example, as long as you are not an upper level policymaking employee, you have certain Free Speech rights under the First Amendment. Constitutional employment claims can be complex and difficult, so please contact us if you are a governmental employee, and if you suspect that your constitutional rights may have been violated.
Fox & Sink, LLC is well versed in governmental employee rights. This includes representation of state employees with Indiana’s State Employee’s Appeals Commission. Personal staff members of elected officials may have unique rights under the Government Employee Rights Act. Unlike employees of private entities, governmental employees have constitutional rights, such as First Amendment free speech and retaliation claims, which can be asserted through the Civil Rights Act of 1871, 42 U.S.C. 1983. Public safety employees, such as Fire Fighters, Police Officers, and Marshals have unique statutory rights in the State of Indiana and Fox & Sink, LLC is prepared to consult with public safety employees on a wide variety of legal issues, including representation at merit board or safety board disciplinary hearings.
Employment Contract / Severance Agreement Negotiations
Whether you are starting a new job and ending a previous job, you should not go through this process alone and without proper legal representation. Fox & Sink, LLC is here to assist you in knowing what potential claims you may have against your employer before releasing your rights away. Call Fox & Sink, LLC for a free phone consultation regarding your employment contract or severance agreement issues.
Indiana has specific common law regarding the scope and enforceability of non-compete agreements. Fox & Sink, LLC provides consultations to evaluate non-competes for employees and employers. Knowledge is key in these situations and Fox & Sink, LLC can provide you with the knowledge necessary to make the best decision under the circumstances.